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PRESS RELEASE
  

Connecticut Corneal Transplant Patient
Files Lawsuit Against Bausch & Lomb
For Injuries

May 25, 2006, New York, NY – Signaling an expansion of the litigation against Bausch & Lomb over its ReNu with MoistureLoc contact lens solution and following the global recall of the product on May 15, 2006, Lieff Cabraser Heimann & Bernstein, LLP, announced that Martin Rivera today filed a personal injury lawsuit for damages suffered against Bausch & Lomb in state court in New York City.
Rivera, a 26-year-old mortgage loan broker from New Britain, Connecticut, alleges that his use of ReNu with MoistureLoc caused a serious fungal eye infection in his right eye, and that the product was thus defective. Following his use of the product, Mr. Rivera was diagnosed with Fusarium keratitis, a rare and dangerous fungal eye infection. If untreated, the infection often leads to corneal ulcers and partial or total blindness.
Rivera developed Fusarium keratitis in his right eye in January 2006 after using ReNu with MoistureLoc and suffered significant vision loss. The infection quickly became so serious that Rivera was forced to undergo a painful corneal transplant surgery to his right eye on February 7, 2006, in an attempt to save his remaining sight in that eye. While the surgery was successful, Rivera has been left with permanent vision loss and remains at risk for serious eye injuries in the future.
"Bausch & Lomb has not yet acknowledged its responsibilities to injured consumers," stated Wendy R. Fleishman, an attorney in Lieff Cabraser's Manhattan office, which is representing Mr. Rivera. "Bausch & Lomb must compensate all users of ReNu contact lens solution who developed Fusarium keratitis, including reimbursing patients for the cost of their surgeries and other expenses, and agree to pay for necessary future medical care."
Clusters of Fusarium keratitis cases associated with the use of Bausch & Lomb's ReNu with MoistureLoc product were reported in November 2005 in several parts of Asia, including Singapore and Hong Kong. On April 9, 2006, the U.S. Centers for Disease Control ("CDC") announced it was investigating a multi-state outbreak of over 100 cases of Fusarium keratitis.  As of May 12, 2006, CDC had received reports of 122 confirmed cases, 15 possible cases and 60 cases still under investigation.
The lawsuit filed by Mr. Rivera alleges claims of negligence, strict liability, breach of express warranties, breach of implied warranties, misrepresentation and fraudulent concealment, unjust enrichment, and violations of the New York General Business Law. Rivera seeks compensatory and punitive damages against Bausch & Lomb for the injuries he has suffered.
ReNu with MoistureLoc was used by approximately 2.3 million contact lens wearers in the United States. The CDC advises that contact lens wearers who experience unusual redness, pain, tearing, light sensitivity, blurry vision, discharge or swelling should consult their doctor immediately.
Lieff Cabraser Heimann & Bernstein, LLP, with five offices nationwide, is one of the largest law firms in America dedicated solely to advancing the rights of plaintiffs. The firm has a superior reputation and a track record of successfully representing victims in all types of cases involving death or catastrophic injuries. For the last four years, TheNational Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the United States.
Lieff Cabraser's staff of experienced attorneys and eleven in-house legal nurse consultants and medical analysts assures that each client receives high-level, individualized case review and representation.
Lieff Cabraser is representing contact lens wearers across America who developed serious eye injuries from Bausch & Lomb's products. Injured patients who wish to speak to Lieff Cabraser about their legal rights and remedies without any charge or obligation may contact attorney Kent L. Klaudt toll-free at 1-800-541-7358 or by email at kklaudt@lchb.com or Wendy Fleishman toll free at 888-321-1510 or by email at wfleishman@lchb.com.
To learn more about the Bausch & Lomb recall and litigation against the company, visit www.personalinjurylawyeramerica.com/medical/bausch.htm.
Source/contact:

Wendy R. Fleishman
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
780 Third Avenue, 48th Floor
New York, NY 10017
Telephone: (212) 355-9500
Email: wfleishman@lchb.com

Kent Klaudt
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 30th Floor
San Francisco, CA 94111
Telephone: (415) 956-1000
Email: kklaudt@lchb.com

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Notice: Lieff Cabraser attorneys provide legal advice and practice law for clients in federal district courts throughout the United States and in state courts where we are licensed to practice. In states in which our lawyers are not licensed to practice, we have affiliations with local attorneys who serve as co-counsel with our firm. Please read our disclaimer.

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